Larsen v. United States Mortgage & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lud viska H. Larsen, as administratrix, éw., of Rognald John Larsen, deceased, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings onxtlie 25th day of August, 1903, setting aside the verdict of a jury in favor of the plaintiff for $9,600, and granting a new trial of the action.
1Opinion of the Court
Jenks, J. :
The action is for negligence. Plaintiff’s intestate was struck and fatally injured by a locomotive engine running on a tramway worked upon private premises. On the defendant’s motion the verdict for the plaintiff was set aside and a new trial was granted on the grounds that “ the verdict was against the evidénce and the weight of the evidence, and that the defendant herein is sued as an individual and the plaintiff failed to prove any act of negligence on the part of the defendant as an individual.”
I think that the order should be affirmed, but only on the grounds that the verdict…
2Cases cited10 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Decker v. . GardnerNew York Court of Appeals · 1891
- Murray v. . UsherNew York Court of Appeals · 1889
- New York & Western Union Telegraph Co. v. JewettNew York Court of Appeals · 1889
- Perez v. . SandrowitzNew York Court of Appeals · 1905
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3Cited by2 opinions
- Hoag v. South Dover Marble Co., New York County Courts1906
- Larsen v. United States Mortgage & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906